BAM! 3rd DCA Reverses Final Judgement RE Shapiro & Fishman HSBC – Trial Court Abused its Discretion

“We conclude that the trial court abused its discretion by denying the motion to continue the final summary judgment hearing and by failing to grant the motion to transfer the foreclosure action to the division where separate foreclosure action was pending in which another bank was simultaneously seeking to foreclose the same mortgage…”

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Third District Court of Appeal
State of Florida, January Term, A.D. 2010
Opinion filed June 09, 2010.
Not final until disposition of timely filed motion for rehearing.
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No. 3D09-997
Lower Tribunal No. 08-62415
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Glazy Ruscalleda and Jose Ruscalleda,
Appellants,
vs.
HSBC Bank USA, etc.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark King Leban, Judge.

John H. Ruiz and Karen Baker, for appellants.

Shapiro & Fishman and Heidi J. Weinzetl (Boca Raton), for appellee.

Before WELLS, ROTHENBERG, and LAGOA, JJ. ROTHENBERG, J.

Based on the unique circumstances of this case, we conclude that the trial court abused its discretion by denying the motion to continue the final summary judgment hearing and by failing to grant the motion to transfer the foreclosure action to the division where a separate foreclosure action was pending in which another bank was simultaneously seeking to foreclose the same mortgage. Accordingly, we reverse the final judgment of foreclosure and remand with instructions to reinstate the foreclosure action filed by plaintiff, HSBC Bank USA, and to allow the defendants, Glazy Ruscalleda and Jose Ruscalleda, to answer the complaint and assert affirmative defenses.
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Reversed and remanded.

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4closureFraud.org

Glazy Ruscalleda and Jose Ruscalleda, Appellants, vs. HSBC Bank USA, etc., Appellee.

Comments
One Response to “BAM! 3rd DCA Reverses Final Judgement RE Shapiro & Fishman HSBC – Trial Court Abused its Discretion”
  1. Is this one of those “double-deadbeats”? Sounds SO familiar!

    Let me guess…………this family tried unsuccessfully to work out a loan modification and ended up being served foreclosure papers by a bank who was not part of the loan modification negotiations. Then, while trying to sort all that out, the first bank is informed of the foreclosure action by a different bank and instead of assisting in clearing up the confusion, they stampede in with a new foreclosure lawsuit to “protect their claim on the collateral”.

    Now, to all you who buy the “deadbeat” or “bought more house than they could afford” propaganda, who would you pay in such a scenario? Both? One? Neither? Pay one and allow the other to foreclose and evict you from the home for which you are paying? Attempt to modify one? Attempt to modify both?

    I’m sure these bank and mortgage servicers are more than accommodating when their customers call with this confusing and frightening situation.

    ForeclosureHamlet.org

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